TTTE MORNING OREGONIAN. FRIDAY. DECE3IBER 22. 1011.
UNIVERSITY FOES
ROUTED BY COURT
Judge Galloway Upholds Con
tention of H. S. Friendly in
Referendum Case. '
TOUR GENERATIONS IN FAMILY AT GRANTS PASS.
INJUNCTION IS PERMANENT
.Men Filing audnlrnt JVtiltnns
" Scored Brine 3o Brtirr Than
Thoae Passing Counterfeit Coin.
w Principle I Involved.
SALEM. I,
- I'phoMins th
lrc. SI. (SpoUl.)
contention of H. B.
Frleiwlly In the now fimoui referen
-dum riHi; making; permanent an In
'" Junction which mm. In the "rst
round of lh battle at least. .01 lis
la appropriation for tha I'nlverslty of
: Or.(to. Judge William Galloway In
. Ireult Court today branded aa "no
less morally culpable than he who
,V deals In counterfeit money" the man
; who knowingly files a fraudulent peti
tion.
Not alone ijoea the derision of Judae
.' fialloway overthrow the efforta of
enemies of the university to divest It
of thla appropriation. The decision
, aoea further and plsre a new con
- strsjetion upon too method of obtaining;
matures for referendum petition a
s well a declaring; that the element of
. fraud through the circulator will put
upon their proof those who were at
.lat latently a party to-such fraud.
Proof af Fraad F.
". . . I'non the principle of ad-
J'tdlcated election caeea where the ele
'Tnent of fraud perpetrated by or with
the knowledge and connivance of the
' election officer Is Involved and I
f how to have existed; auch fraud de
stroy the presumption of correctneas
; v rf returns and makes It necessary that
H-ny person who claim any benefit
r f rom them shall prove them" recites
Ihe opinion. ". . The theory which
-supports such cases Is entirely ap
0 pll-able to the facts of this case
. . The limitation of right mar
be put. however, upon a htsher and
. broader principle, that of public neces
. stty. It appeara from the general
structure of the law that the burden
( of challenging the validity of such petl
v Hon Is cast upon the Individual citizen.
ad not only that, but he must throw
.-town the gage of battle with a state
-.officer who may bring to his aid the
- vast power of the state to defend the
petition and exhaust Ilia resources of
S, the rltlxen in the unequal contest. If
U were required In such a case that
the plaintiff must make a distinct Issue
' as to Ihe validity of each name rhal
longed fr fraud of the circulator, the
impoesibllltv of overturning the petl-
' Hon for that reason wouid be made
.certain by enlarging the fraud, for tha
- larger the fraud the more difficult It
will b to challenge the legal sufft-
K cleney of the petition.""
Farm af rVttfloaa Illegal.
Judge OaTloway also sustained the
- contention of Ihe plaintiff that the form
of the petition In not having petitions
. s'tarhed to separate sheets Invalidated
- the petitions where such occurred.
.' Inder the opinion names are
found to be Invalid and void. Of these
lies are invalidated by the Incorrect-
nes of the form of the petition: St
sre on a defective part of the petition
and JS were admitted by the defend -
. ant a void, making a total of tl'ij
' Invalid names. There were IJ IJ nms
on the petition or Ml J names, that for
Ihe intents of this case are assumed
to be valid.
. It Is admitted by tha plead
ings, however, that S1SS names are
. necessary to effectuate a reference of
the designated measure to a vote if
the electorate. Thla conclusion neces
sarily terminates the rase In plain-
; (Iffa favor, even though no other fraud
.-hould be found In the case.
Pa telle Xecde Pre ect tan.
"Tha public Interest, however, de
mands that the full extent of the fraud.
ehown by tha plaintiff's rase, be con
j sldered and exposed to public view, to
the end that the danger to public
"institution may He appreciated and
m corrective remedy applied by the
' legislative branch of the state gov
eminent."
The right of petition, re
served by the Constitution to refer to
a vote of the people any measure
- passed by the Legislature, was not In
t.nded to be used to settle or adjust
... j rlvate and local grievances: but the
right contemplates the right to ex
press tha honest sentiment of disaf
fected voters upon public matters only.
The evidence in ' this case dlaclosed
that the petition originated In a cms
" of local neighborhood contention and
Mite: that In carrying Into affect this
unworthy motive, means were employed
to obtain signatures upon a money
basis and to further a personal spleen
snd revenge by a committee of Cot
tage Grove citizens.
"An order waa first given to II. J.
Parklson to procure 3000 names which
he was to be paid for at tha rata of T
cnts for each name so secured to each
of the two petitions referending tha
" two acts In thlsjrause. This dealer In
names for a price, procured agents for
' which he at on time vouched, to go
out Into the street and most question
able places in Portland to procur
name.
ParaJeaa) Kara af Frawd.
I Rom of these ancnta went under as
f sumed names, and In this manner made
' the affidavit required to verify th
petition. Long before thla petition wa
died. Mr. Tarklson was advised that
a large part of the namea handed in
to him by til agent were fictitious
and fraudulent. lie so notified hta
t ' principal at Cottage Grove, and agreed
to replace fd or S01 name admitted
to be fraudulent, among those de
livered by him to the committee of that
place.
"A dispute arose among these gen
tlemen who originated tha petition as
t what should be done with It. and
between some of tha committee and Mr.
farkison aa to the manner in which
he should perform his contract. There,
Is soma testimony to tha effect that
he and Mr. Abrams filed tha original
3ne names without taking out th -o
or. in fraudulent names. but Mr.
TarWIson swore that he did nut file
.them. It Is certain, however, that he
dl.l not etmlnte all of the fraudulent
, names, for the defendant haa been com
pelled to admit the existence of J7;J
fraudulent nam and others suspected
In the petition as filed.
"It la shown, however, that Mr. Fark
Ison knew that Charles Falk had
- furnished him fraudulent and forged
names, still h employed this untrust
worthy person to procur mora names,
1 and he took no eteps to ascertain the
validltv of these latter names but
filed them with tha others. The
'I names form a part of those now ad -"
niltted to be fraudulent.
Claim at Parity Made.
-Now Mr. Parklson appear to be tha
cae.man who bia aload back of tha
slat officer and Insisted upon a
GRANTS PASS. Or.. Dec. 21. (Special.) Seventy-nine year. Is the
difference In the ages of the oldest and youngest .members of the Mc
Lana family of Grant Pass, the male representatives of the family for
four generations being alive. Tha members; as shown In the, picture
(from left to right! are C. E. M.-Lane. age Si; Baby McLane. age. 1:
Wesson McLane. age 0: O. E. McLane. age ,20. The son. father, grand
father and great-grandfather are ail well.. C. E. McLane Is Chief of
Police at Grant Pass. O. K. McLane reside at Lebanon,: and JVestqn
.Mi-La no resides at Grants Pass.
strenuous and technical defense of the
purity of hi petition, and through tha
medium of the attorneys for the de
fense he haa Insisted that thi court
delve Into the circumstance surround
ing each ajicnature on this petition to
determine, if possible, it genuine
ness. u.n at the expense of the state
nd the ritixen who have uncovered
this fraud and are now contributing to
the maintenance of thla suit."
He declare that In certain of the
petltiona the name obtained by "con
spiring circulators, all resldenta of
Portland In the employ and as agent of
H. J. Parklson. are o permeated with
fraud, forgery and conspiracy that a
court of equity, and good conscience
will not hesitate to ilecree all as in
valid and of no effect.
. . The court is of the opinion
that he who knowingly files a fraudu
lent oDinion Is no less morally culpable
than he who traffic in counterfeit
money. Hercules upon beholding the
accumulated filth of year, took drastlo
measures to cleanse the Augean
stables."
. . It I the opinion of this court
that Judged by legal .consideration
alone, the petition I void, and ought
not to stand becauae of tha evident lack
of a aufflclent number of genuine
namea of legal voter of the atate to
refer the measure, and. Judged by the
conscience of tha court of equfty. those
who seek to maintain It are not In
court with clean hands, and ought not
lo be granted the unusual request to
purge th petition of fraud for which
they are more or less responsible. The
injunction will be made permanent and
It la so ordered." .
Deputy Attorney-General Van """Vlnkl
srave notion of appeal following
the reading of tha opinion by Judge
Oalloway. Both side express confi
dence as to the ultimate outcome In
the Supreme Court.
IS
PROPOSED LIVE TO COXXECT
VAXCOIVEK 'AX II . YAKIMA.
Lawrence Harmon Sa tanner Are
Gliltic fopport to Road That
Will Tap Rich Territory.
VA.NVOrVEB, Wash.. Dec. 21. (Spe
cial.) A francliiae for Hie Washington
Trunk Railway, which 1 designed to
open up the territory northeast of
Vancouver aa far aa North Yakima.
was granted to Lawrence Harmon by
the Vancouver Ctty Council today.
Preliminary survey for the loca
tion will be made within a short time
along two routea. Both will paaa close to
Mount Adams and Mount St. Helena.
In the Cascades, and close to the Lewi
River.
This country has long been handi
capped from producing because of the
poor condition or tie roaas. wmcn
keep the farmer mud bound the
greater part of the year. In Clark
County alone thla road win open up
an outlet for over LOOO.OOO.OftO feet of
timber, according to Mr. Harmon, who
recently made the Journey along tha
proposed road by horse.
Ha also declares that the farmers
along the line are heartily In favor of
the road and are onering uoerai aia.
Most of the right of way can be pro
cured free, and many living within a
mile of the line are willing to ronrlb
ute SID an acre for stock, with the
privilege of paying In Installments.
Meetings for discussion of the plan
ar to be held at Hobaon. Manor.
Pioneer. Cherry Grove, at the school
house, township 4. on the Amhov road,
at Karger and at Am boy and Chelatehle
Prairie. Other along the other route
will be decided In tha near future.
"SINGLE TAX" CASE IS SET
Important Hearings to Be Heard by
Supreme Court Soon'.
SALEM. Or.. Dec. 21. Special. ) Th
raae of Kchubel versus oicott. or the
slngl tax" caar. and the rase of An
drews versus the County Court of
Jackson County, being th Jackson
County road bond raae, were set for
hearing today before the r-uprem
Court by Clerk J. C. Voreland for
Thursday. January 4. 111.
These two caaes involve practically
the m point and hav been et at
an early data to assure an early ad
judication and to allow apeedy action,
a they ar both eonldred to be of
great public Interest, w . !. I Ren. I
K J. McAllister and C. E. S. Wood will
represent fchubel. or the single tax
propaganda. and Attomoy - General
swford. r. W. Mulkey. I. H. van
Wlnkl and J. W. Crawford will rep-
reaent the secretary of State. Thi 1
proceeding to mandamu tha Secre
tary of State to place Clarkamaa
County single tax petition on the bal
lot at the next general electron.
Th Jackson Counur case Involve
a T1.H00.610 bond Issue voted on under
the county bond amendment. It Is es
timated that In neither case has the
county power to legislate and that the
amendment are not salf-executing.
Other cases set by Supreme Court
Clerk Moreland today were Johnson
versus White. Multnomah County, and
Matthews versus Matthews. Multnomah,
for Thursday. January I: State versus
Melster. Multnomah, and Cameron ver
sus Burger. Multnomah, for January 3.
SPRINGERLE.
Toothsome cakes In letter and flower
shapes; Auflauf are crispy crosses:
I feffer Kuchen are stars, circles and
squares.' and there are many others
Shaum Confeet. Marxlpan. Potato Marxl
pan. Honlg Kuchen. Spltzkugeln. Pfef
ferneusse. etc.. delicious little German
Christmas cakes, suited to decorate the
tree and delicious to - eat. Funny
shapes, sweet to eat and wholesome.
For sale, fresh, now at any branch of
the Royal Bakery Confectionery.
CHOOSE FROM A MILLION
A million cigar to choosa from
aurely enough to please the most fas
tidious. Imported Havanas and do
mestic. Come and "aelect a box for a
friend for Christmas. Sic Sich"! A Co.
S3 Third, Third at Washington and
Sixth at Washington. -
US
T KILLS TWO
Sawmill Boiler Blows Up,
at Work Escape.
APIARY DISASTER SCENE
Pair Hurled Through Building; Are
Not Hurt On Victim. Deca.pl tat-
ed and Other, W. Lownian, Son
of Owner, Is Crashed.
RAINIER. Or., Dc. 2L (Special.)
Of five men at work In the Lowman
aawmiil at Apiary today .. two wra
killed, two were blown out of the
building and one escaped' Injury when
the bollerln the plant exploded.
Th dead are Clarence Brown. 23
years old, who wa decapitated, and
Wilder Lowman. a ion of the owner
of the mill, whose every bone waa
broken by the concussion. He died aoon
after being dug from the debrt. .
James Kelly and Ben Brown.
brother of one of the victims, were
hurled clear through tha frame struc
ture and escaped with minor injuries.
Willi Lowman. the fifth man at work
Irt the plant, waa engaged at a point
remote from th boilur. He was not
hurt, escaping fragments of the burst
boiler and managing to-extricate mm
self from the wrecked structure withv
out suffering a scratch.
Big portions of the Doner that caused
the disaster were found SOO yaraa
from tha mill. The plant Is demolished.
The detonation was felt In Rainier at
t o'clock this morning and telephone
calls summoned doctors, the coroner
and an undertaker to the scene, seven
miles away.
The Lowman mill was conducted as a
family . affair, employer and employes
being blood relations or related by
marriage. It Is believed the explosion-
was caused by the pouring of cold wa
ter Into the boiler when the steam
was low. The men killed were work
ing directly over the boiler.
An Inquest will be neia toaay to
place responsibility for the disaster.
W. B. Lowman. owner of the mill, was
away at the time of the accident ana
the three workmen who escaped witn
their lives are unable to throw any
light on the cause of tha accident.
HEN IS VALUED AT $250
Clark County Poultrymen Told of
Opportunities in Northwest.
VANCOUVER. Waatn, Dec. 21. (Spe-
ciaL) On hen, a prixe winner on ex
hibition at the Second Annual Clark
County Poultry Show, is worm more
than $260 to her owner, he refusing
that amount for her recently. There
are a numoer or nena ana roosier vn
xhlbltion valued at from 1100 to ii'ou.
The aecond day of the how was bet-
er attended man yesieraay. miner
Purvis, who Is making the awards and
Judging the .700 birds on exhibition,
lectured tonight on "Poultrymen I Have
Known." telling of many with whom
he had been In contact for the
past SO year, tho who had begun
at the bottom and have acquired a
competence or are accruing on, from
breeding poultry. In peaklng of rats-
Start to Own Your
Piano This Christmas
PayForltWliileYou
Are Enjoying It
If there is a gift which is better than all other gifts it is a piano. If there is
a time when this "gift of gifts" should be given it is Christinas. The piano
is no longer a luxury. It is a necessity. Xo home. that makes an5" preten
sion to culture or refinement can afford to be without music, and music
gets its highest expression in the piano.
Again a Christmas piano is not hard to buy. It is easy very easy. A
small payment is all that is necessary to have a piano put in your home
then easy weekly or monthly payments, thereafter. - You thus pay for the
piano in a way that you will not miss, the money. You not only get the
pleasure and enjoyment out of the piano for the whole family, but you
place the means in the hands of your children that their musical education
will-not be neglected. While they are taking their lessons the' whole fam
ily, will be enjoying the use of the instrument and you will be leisurely
completing your payments and as far as the actual pleasure and benefits
of the piano are concerned, you will get just as much out of it as if you paid
for it all in cash.
By all means, if you haven't a piano in your home, start to own one this very
Christm'as.
We have several .styles of new pianos that we
sell on terms of $10 cash and $1.50 a week.
We have several styles of new pianos that we
sell on terms of $7 cash and $7 a month.
We have several styles of new pianos that we
sell on terms of $25 to $50 cash and $12.50
a month. '
We have several styles of new pianos that we
sell on terms of $3 cash and $3 a month.
We have several styles of new pianos that wa
sell on terms of $10 cash and $10 a month.
We have several styles of new pianos that we
sell on terms of $20 to $25 cash and $10 a
month.
Can't you call at our new store comer Seventh and Morrison streets, and
personally inspect the special display of dependable pianos which we have
ready to present to your notice? If you will, you will put one in your home
between now and tomorrow night. -
OPEN EVENINGS UNTIL CHRISTMAS.
NEW LOCATION CORNER SEVENTH AND MORRISON STREETS.
Ing poultry as. a bulness, Mr. Purvis
said: , ,
"The Northwest is particularly
adapted to poultry-raising: it nas an
emnire In area and a population that
will always call for
the best In the
OPPING
YOUR CHRISTMAS SH
must be done in the next two days (you will have to hurry). Your opportunity
to save time and money was never better in the City of Portland. The prices
made bv the TRANSCONTINENTAL ADVERTISING CO. on the Silverfield
Co. stock are the lowest to be found in Portland. Why? Because we must
vacate. The prices below will tell the tale. .
Half Price Sale for Friday and Saturday
Sterling Silver Toilet Articles Half Price Willow and French ; Plumes Half Price
Your own choice of our entire assortment of Sterling Willow and French Plumes in all sizes; black,
Silver Toilet Articles, including Manicuring Sets, white and all wanted shades. Closing-out prices,
Military Sets and sinple pieces, such as Tooth ONE-HALF OFF.
Brashes, Shoe Horns, Seals, Nail Files, Nail Scis- ., al
soi-s, etc., all offered at the same reduction. . 2.00 P umes
ovT- ttatf prtcf ' $ 3.00 Plumes 1.50
ONE-HALF PRICE. , $ g 00 plnmes $2.50
, . 75c articles 3Sc $10.00 Plumes $5.00 -
$1.00 articles 50 $20.00 Plumes $10.00
$1.50 articles 75 $25.00 Plumes 12. 50
$2.00 articles ...i Sl.OO
Softs' ' ? " " Is 75 assortment of Sterling Silver Bags
$16.60 Seta 1 .'...'.'..' $8.25 and Coin Purses at HALF PRICE
All Leather Goods, including Card All Suitcases and Traveling Bags now
Cases, Militarv and Traveling Cases, at HALF PRICE
etc., at . ..HALF PRICE
: Entire stock of Silk Hose, all colors and
Feather Boas, all colors. $20.00 values sizes now HALF PRICE
reduced to 6.9o
5 00'values reduced to. . ... . . .S9.75 All Fine Umbrellas that formerly sold
g , . at $7 to $10, now HALF PRICE
Christmas -Novelties of all kinds, your
-hoice at.. half price Jewelry at One-Half Price
Infants' Bibs, Bonnets, Sacques. all go Entire stock of Jewelry, including a large assort-
. WATT' PPTflP m"nt of Hatpins, Cuff Buttons, Beltpins, Belt
Ht raxvjJU .Buckles Brooches, Necklaces, Bracelets, etc.
All Infants' Hand-Made Dresses, both 25c articles 13
long and short, now. . . .half price :::::::::::':::;:::::?
Mesh and Sterling Silver Bags Half Price 8i! arSciee88 "..v::.'gi.oo
. . . r. c-, , r. . 1 $5.00 articles $2.50
Entire assortment of German Silver and Sterling 1 others at like reductions. -' -
Silver Baps, in small and medium sizes. Regular
values $4,110 to $20.00. NOW ONE- HALF PRICE. - 0
$ 400 Bags $2.00 Millinery Reduced
! Ill iBS 5 20-00 to $35.00 Hats. . . . S9.75
HZ $35.00 to $50.00 Hats S14.95 .
SisioSS I" $7 50- $10.00 to $20.00 Hats S4.95
$2000 14s V.V.V.V.V.V. :.".'$10:00 $ 5.00 to $10.00 JIat. .S1.95 and $2.95
Transcontinental Advertising Co
Silverfield's Old Stand
Fourth and Morrison Streets
way of food that the market can sup
ply. .The mills, mines and stockmen
will be with us for an indefinite time,
and Alaska fs growing n population
for many years. All these are calling
and will continue to call for the prod
uct of the poultry yards in increasing
quantifies and increasing prices."
CALIFORNIA
HOTELS, HEALTH
WINTER RESORTS
Is. fl
li Located in the heart
of the shopping and
theatre district.
HEADQUARTERS
FOisoimm TQsna
:l U FUHCIStt -Metropolitan
Service
Running Ice Water in Every Room
ETOOPEAN PLAN. A LA CASTE CAFE
Under Management of CHESTER .W. KELUT
BELLEVUE
- HOTEL
SAN FRANCISCO
Car. Gearr and Taylor Streeta.
EVERY ROOM WITH BATH.
American plan from M a dart 2 per
- sons from T m day
European plan, from S3 days 3 per
sons from S3.60 a day.
SPECIAL MONTHLY RATES.
A refined house of unusual excel
lence, centrally located. Illustrated
booklet upon request.
W. E. ZANDER, Manager.
HOTEL
STEYART
SAN FRAHGISOO
Geary Street, above Union Square
European Plan $1,50 a day up
American Plan $3.00 a day op-'
Naw steal and brick structure. Evarr
fnodarn convanienca. Moderate rates
Center of theatre and retail dutrict- Oi
car Unas trajMfarrinc all over city. Elae
trie omnibus meats trains and-steaman .
iVrviTytTvvVi (
;J -vCATARRH;!
: i AlMf A bladder i !
::IPiHvJ Bultawd hi
i VjViaQTv24 Hours; :
V.l WJl J Jr Each cap-
' X Vuiber"th(MIDY)
4, ti mi 1,1 a uinsa?-
; Bmum af counterfeits
CALIFORNIA
. This Winter. Orange groves in
full bloom, tropical flowers, fa
mous hotels, historic old Mis
sions, attractive -watering places,
delightful climate. You can sea
it at its best via the
SHASTA ROUTE
And "Road of a Thousand
Wonders."
Southern Pacific Company
Route of the
SHASTA LIMITED
A strictly high-class train in
every respect, unexcelled dining
car service, quick time and di
rect connections to all points
south.
Special Round-Trip Rate of
$55
Portland to Los Angeles -and
Return.
With ' corresponding low rates
from all other sections of the
Northwest. Liberal stopovers in
each direction and long limit
Interesting and attractive lit
erature on the various resorts
and attractions of California
can be had cn application to any
S. P. agent, or from
John M. Scott, Gen. Pass. Agt,
Portland, Oregon.